Court Rulings
Appellate Division Reverses Trial Court Decision Denying Motion to Reinstate Complaint Dismissed Due to Lack of Prosecution
The decision of Dae Sun Yoon v. Fletcher & West Associates, LLC., 2025 N.J. Super. Unpub. LEXIS 200 (App. Div. Feb. 7, 2025) exemplifies the difficulty in obtaining a dismissal with prejudice due to a plaintiff’s lack of prosecution of a lawsuit. In the Yoon case, plaintiff filed a personal injury lawsuit against defendants, Fletcher […]
Plaintiff Barred From Pursuing Appeal After Executing Warrant to Satisfy Judgment
Plaintiff Linda Brehme filed a lawsuit against defendant Thomas Irwin for a rear end accident in which she claimed to have suffered bodily injuries. At trial, plaintiff filed a motion to admit into evidence her projected future medical expenses. This motion was denied by the trial court judge because she had not exhausted her personal […]
Consent Order Bars Re-Litigation of Claims
Plaintiffs Scott Diamond and Edward Street Holdings filed a lawsuit in the Law Division against defendant Warren Diamond (“Warren”) for claims that had been the subject of a Chancery Division matter. In the chancery matter, the plaintiffs had filed a 12-count counterclaim against Warren which included, among other claims, a malicious abuse of process claim, […]
NJ Supreme Court Rules that Former Trustee Cannot Recover Attorneys’ Fees and Costs Against Condominium Board Under an Ambiguous By-Law Indemnification Clause
By: Uyen Nguyen, Law ClerkEdited by: Betsy G. Ramos, Esq. The plaintiff, Patrick Boyle, a condominium owner and former trustee of the condominium association board, claimed that he was entitled to recover attorneys’ fees and costs against the defendant condominium association, reimbursing him for fees expended to successfully challenge his removal from the board. The […]
Warrant to Satisfy Judgment Bars Claim to Challenge Ruling Denying Claim for Future Medical Expenses
Plaintiff Linda Brehme appealed a trial court in limine ruling barring her claim for future medical expenses. She had sued defendants Thomas Irwin and New Jersey Manufacturers Insurance Company for personal injuries resulting from an automobile accident. The issue in Brehme v. Irwin, 2023 N.J. Super. Unpub. LEXIS 2401 (App. Div. Dec. 27, 2023) was […]
Court Finds Plaintiffs Presented Extraordinary Circumstances Sufficient to Permit Filing of a Late Notice of Tort Claim
This matter arose from a tragic fire that occurred on April 8, 2021, at the three-story single-family residence owned by the defendant Newark Housing Authority and occupied by plaintiff Kadisha Jones Richardson and her five children. Plaintiff Tyron Hartfield, the biological father of four of the five children, was also present at the time of […]
Failure to Provide Notice of Claim Form to Plaintiff’s Counsel Insufficient to Justify Filing a Late Notice of Tort Claim
On June 4, 2021, plaintiff Joshua Jackson slipped on an unidentified liquid on the stairs between the first and second floors of a building owned by Defendant City of Passaic Housing Authority. Plaintiff alleges that he attempted to obtain a notice of claim form from the Authority but was unsuccessful. Less than one week before […]
Appellate Division Upholds Jury Verdict of Zero Damages After Defendants Stipulated to Liability
Plaintiff Christopher Casucci was rear ended by the defendants’ commercial vehicle driven by defendant Kevin Valan and owned by Marascio Brothers Electric. The collision was a minor impact but plaintiff claimed to have suffered neck pain, headaches and tingling in his hands as a result of the accident. The issue in Casucci v. Valan, 2022 […]
Insufficient Basis Found to File Late Tort Claim Notice in COVID-Related Death
Plaintiff’s deceased husband Bernard Waddell contracted COVID-19 in March 2020 while he was working as a Corrections Officer at the Hudson County Correctional Center. He died from viral pneumonia secondary to COVID-19 on April 1, 2020. Plaintiff, Sheliah Waddell, Bernard’s wife filed a Notice of Tort Claim in November 2020 and thereafter filed a motion […]
No Requirement to Provide Comparative Analysis of Injuries Suffered in Two Different Accidents When Plaintiff Did Not Plead Aggravation of Injuries
Plaintiff Jeffrey Wichot sued Defendant for emotional injuries suffered from a car kidnapping that occurred in 2012. Plaintiff had previously suffered a horrific injury as a young boy in 2002 which resulted in a traumatic brain injury. One of the issues in Wichot v. Allstate N.J. Prop. & Cas. Ins. Co., 2021 N.J. Super. Unpub. […]
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